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MARTIN R. GLICK (No. 40187)
email: mglick@howardrice.com
CLARA J. SHIN (No. 214809)
email: cshin@howardrice.com
SARAH J. GIVAN (No. 238301)
email: sgivan@howardrice.com
HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN
A Professional Corporation
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
Telephone: 415/434-1600
Facsimile:
415/677-6262
Attorneys for Defendants and Counter-Claimants
AMAZON.COM, INC., a Delaware corporation,
and AMAZON DIGITAL SERVICES, INC., a
Delaware corporation
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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APPLE INC., a California corporation,
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Plaintiff and CounterDefendant,
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v.
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AMAZON.COM, INC., a Delaware corporation,
and AMAZON DIGITAL SERVICES, INC., a
Delaware corporation,
No. 11-cv-01327 PJH
Action Filed: March 18, 2011
DECLARATION OF AMEESH PALEJA IN
SUPPORT OF AMAZON.COM, INC. AND
AMAZON DIGITAL SERVICES, INC.’S
OPPOSITION TO MOTION FOR
PRELIMINARY INJUNCTION
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Defendants and CounterClaimants.
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PALEJA DECL. ISO OPPOSITION TO APPLE, INC.’S PI MOTION
11-cv-01327 PJH
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I, Ameesh Paleja, hereby declare as follows:
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1.
I am the Director of Engineering of Mobile Services for Amazon.com, Inc. (“Amazon”).
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I have worked for Amazon in various positions since July 2003. I make this Declaration in support
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of Defendants and Counter-Claimants Amazon.com, Inc. and Amazon Digital Services, Inc.’s
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Opposition To Plaintiff and Counter-Defendant Apple Inc.’s Motion For Preliminary Injunction
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(“Declaration”) upon personal knowledge except where indicated as to information and belief and, if
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called upon to testify, could and would testify competently hereto.
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2.
As the Director of Engineering of Mobile Services, I am responsible for the design,
development, and operation of Amazon Appstore for Android. I supervise a team of approximately
55 engineers, technical program managers, and quality assurance staff.
3.
Apps sold at Amazon Appstore for Android work only on Android devices. Amazon
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Appstore
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www.amazon.com. A link to Amazon’s Appstore for Android appears on the left hand side of
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Amazon.com’s homepage. To purchase an app, a consumer must first enter an email address or
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mobile number in the box entitled “Get Started: Download the Amazon Appstore” on Amazon
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Appstore for Android’s homepage. Attached as Exhibit 1 is a true and correct copy of a screenshot
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of Amazon Appstore for Android’s homepage.
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4.
for
Android,
Amazon’s
app
store,
is
located
on
Amazon.com’s
website,
When a customer puts the cursor in the space provided to enter an email address in the
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“Get Started” box, a message window opens: “What happens next? After submitting your email
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address or phone number*, you will receive a message with a link to download the Amazon
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Appstore for Android.” Attached as Exhibit 2 is a true and correct copy of a screenshot of this
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message window. Once the customer enters an email address and presses the “GO” button, another
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window opens up to a video welcoming the customer to “Amazon Appstore for Android.” This
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window provides instructions for “Getting Started with Amazon Appstore.” The first line of the
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instructions states, “Quickstart: Start using the Amazon Appstore on your Android device in a few
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simple clicks. Either watch the video to the right or follow the click-by-click guide below.” A
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“Click-by-Click Guide” follows with a picture of an Android smartphone appearing adjacent to each
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“Click” instruction. The Guide concludes with the following message: “That’s it! Sign in with your
PALEJA DECL. ISO OPPOSITION TO APPLE, INC.’S PI MOTION
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11-cv-01327 PJH
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Amazon.com account and start enjoying thousands of apps for Android. You need to do this only
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once for each device.” Attached hereto as Exhibit 3 is a true and correct copy of the “Quickstart”
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instructions.
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5.
Amazon.com also sends the customer a message to the email address provided with
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“Amazon Appstore Download” in the subject line. The email instructs as follows: “Download the
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Amazon Appstore app immediately by clicking https://www.amazon.com/app-email from your
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Android device, or follow the click-by-click guide below.” The remainder of the message is a
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“Click-by Click Guide.” Attached hereto as Exhibit 4 is a true and correct copy of this email.
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6.
Android smartphones are powered by software developed by Google. Amazon tests
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each app that is sold through Amazon Appstore for Android for, among other things, security,
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usability, and content guidelines. Amazon’s current ingestion and testing processes make Amazon
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Appstore for Android one of the most trusted places to get apps for Android; Amazon is proactive in
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its security procedures and does not wait for security to become an issue before testing the app or
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safeguarding the customer. Amazon’s ingestion and testing process is comprised of three main
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steps: (1) automated analysis of the binary and its contents via custom developed software; (2) in-
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house testing and verification by Amazon employees; and (3) independent testing and analysis using
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third party firms.
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7.
Many Android applications require “root” access to function properly. “Rooting” is the
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process of enabling a phone to run Android applications with privilege control permissions; it does
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not mean that security features have been bypassed. For example, the applications Titanium Backup
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and SetCPU for Root Users require “root” access to function properly; Titanium Backup provides
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users with the ability to do a complete backup of their phones while SetCPU enables users to adjust
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how fast or slow their phone processor runs. In other words, the Android security model is a
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declarative system based on the application that the consumer chooses to download. A consumer
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cannot exceed the scope of the application by rooting one’s phone; for example, if an application
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does not request access to a user’s address book, the user would not be able to access the phone
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book irrespective of whether the phone has been rooted.
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PALEJA DECL. ISO OPPOSITION TO APPLE, INC.’S PI MOTION
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11-cv-01327 PJH

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